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USTaxAdvising
USTaxAdvising, CPA
Category: Tax
Satisfied Customers: 1084
Experience:  US Taxation specialist.
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how long is california tax owed(lien) can be expire

Customer Question

how long is california tax owed(lien) can be expire
Submitted: 1 year ago.
Category: Tax
Expert:  USTaxAdvising replied 1 year ago.

USTaxAdvising :

Hello,

Customer:

did you see my information just recently sent to you

USTaxAdvising :

A state tax lien continues in effect for 10 years from the date of its creation unless it is sooner released or otherwise discharged, and is extinguished 10 years from the date of its creation unless a notice of state tax lien is recorded or filed as provided in Section 7171.

USTaxAdvising :

Here is a good resource from the CA FTB - https://www.ftb.ca.gov/individuals/liens/liens.shtml

USTaxAdvising :

Basically you have 10 years before the lien will expire.

Customer:

yesterday i called in california state tax and checked i knew the lien is till there so what i should do.

USTaxAdvising :

Do you know when the lien was recorded?

USTaxAdvising :

Is your question about how to get the lien released or how long it will take before it expires?

Customer:

i checked my credit check last week i saw they put like 65,000.00 on 3 credit reports and the date was 2005 but they audit me was in 1987,1988,1989.

USTaxAdvising :

So it would appear to me that the lien was reported and filed in 2005 therefore you will have until 2015 until it is released/expired.

Customer:

yes i would like to know how to get lien release and how long it will expire too. thank you

USTaxAdvising :

If the tax liability is arising because of "by mistake received money from relative to put in bank and later returned to them in same year so they thought that the money i didn't report." then you would need to amend your return and provide proof that the funds you received from your relative was in fact a gift and not earned income.

Customer:

so what happened between the date they audit and fine me on that with the date they put on lien which was 18yrs on 198

USTaxAdvising :

This can happen, it all depends on when the lien was filed. It might not be 2005. You need to look at a copy of the notice of lien. This will tell you the date.

Customer:

how do i get it while yesterday i called in my money was 300,000.00 some thing on california state tax while i don,t owe IRS

Customer:

how do i get a copy of notice of lien? will you help me

USTaxAdvising :

If you don't have a copy of the lien then you will need to contact the FTB again and ask them to send you a copy. Hang on, I'll see if I can find you a phone number.

USTaxAdvising :

Actually you can look at the link here - https://www.ftb.ca.gov/individuals/liens/liens.shtml - and then scroll to the bottom and find the county in which you live/where it was filed. Then follow that link.

Customer:

so you the time expire on california tax's lien is 10 yrs or the california tax's audit is 10 yrs to expire can you make it sure to me 1 more time . i thank you.

USTaxAdvising :

Yes this is correct on the tax lien. But there is no expiration for an audit.

Customer:

seem like to me the last time they audit me was 23 yrs ago.

USTaxAdvising :

Seems like a long time ago. But the audit and audit determination does not change or expire.

Customer:

so what you recomented

USTaxAdvising :

Use the link above and get a copy of the lien, then you can see how long you have till it expires. If you don't want to wait then you either have to pay the lien or provide supporting documentation as to why the lien is erroneous.

Customer:

so what you just said that from the date they put on credit record i will expire by 10 yrs from 2005 means 2015 is that will solve my problem or not while th money they put in lien was 65,000.00 and the one i just called in is way over 300,000.00 how come it been raising

USTaxAdvising :

I said 2005 because I am assuming this is the date the lien was filed as it is being reported to the credit agencies. The amount has been raising becuase of late payment penalties and interest.

Customer:

i will check with what you recomment . but how do i contact with you guy back. do you have a record of this chat so the next guy can pull out the same information which i mean any ref #

USTaxAdvising :

You can always come back to this chat.

USTaxAdvising :

Did I answer your question about the lien expiration date?

Customer:

any time later when i chat back you will know me and don't have to repeat my problem typing again is that right?

USTaxAdvising :

That's right. I might not be online but I will get notification that you have posted again.

USTaxAdvising :

And I will get back to you asap.

USTaxAdvising :

Please provide a rating on my answers thus far. Even after you provide a rating we can continue chatting about this issue.

Customer:

thank you i chat back with you guy when i finish follow up.

USTaxAdvising, CPA
Category: Tax
Satisfied Customers: 1084
Experience: US Taxation specialist.
USTaxAdvising and 5 other Tax Specialists are ready to help you
Customer: replied 1 year ago.

yesterday i went to county to get the lien record and it was recorded in 6/5/1995 and record again in 03/03/2005. with extended certificate number. i wonder how is this happened

Expert:  USTaxAdvising replied 1 year ago.

This appears reasonable given the information provided above. After the report is originally filed there is a 10 year period and then it seems the lien can be registered for another 10 years.

 

Basically providing a 20 year statute period.

Customer: replied 1 year ago.

i don't get it was it 10 yrs expire and what law they can add another 10 yrs can you tell me if they can do that? are they expire after 10yrs +10yrs or are they try to continue with another 10 yrs? can i tell them they are wrong at the last 10yrs add in? i want to know my right . thank you.

Expert:  USTaxAdvising replied 1 year ago.

Hi,

 

Sorry for the delay I have been traveling and away from the internet.

 

"A state tax lien continues in effect for 10 years from the date of its creation unless it is sooner released or otherwise discharged, and is extinguished 10 years from the date of its creation unless a notice of state tax lien is recorded"

 

This means that once the lien is created you have 10 years and once it is recorded you have an additional 10 years. See the CA FTB website links above.

 

The CA FTB does not always register or record the lien until after it has been created. It seems messed up but this is the way the rules are written.

 

 

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